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Citv Charter Excerpt
<br />Sec. 421- Non-public works contracts.
<br />(a) The City shall not be bound by any contract, unless the same shall be made in writing by order of the City
<br />Council, except as hereinafter provided, and signed by an officer on behalf of the City who has been
<br />authorized to do so by the City Council. The approval of the form of all contracts shall be endorsed thereon by
<br />the City Attorney, or his or her designated representative.
<br />(b) The City Council may by ordinance authorize the City Manager to bind the City on contracts for such amounts
<br />as may be established from time to time. At least quarterly, the City Manager shall place on the City Council
<br />agenda for information, a report of contracts let by the City Manager pursuant to authority granted hereby.
<br />That report shall include the identities of contractors and amounts of each contract.
<br />(c) The City Council shall establish by ordinance rules and procedures for competitive bidding for purchases of,
<br />or contracts for materials, supplies, equipment, or services, including exceptions from formal bidding as the
<br />City Council may deem appropriate, including providing for emergencies. Nevertheless, such rules and
<br />procedures shall provide, where feasible, for review of such alternative sources of such materials, supplies,
<br />equipment, or services, including professional services, as may be available in competition with one another
<br />and selection therefrom on the basis of obtaining maximum quality goods, services, or performance at
<br />minimum cost, and may provide for use of other public agency bidding and contracting processes where
<br />found to be otherwise consistent with this Charter. Nothing herein contained shall authorize any person to
<br />bind the City on any such contract if the same be a portion of a larger purchase or series of purchases which,
<br />in the aggregate, exceed the authority set by the City Council hereunder.
<br />(Ord. No. NS-1405, 3-13-78, approved at election 6-6-78; Ord. No. NS-1642, 8-2-82, approved at
<br />election 11-2-82; Ord. No. NS-2715, 7-3-06, approved at election 11-7-06)
<br />Sec. 422 - Public works contracts
<br />(a) For purposes of this section, "public works construction" shall be deemed to mean a project for the erection or
<br />improvement of public buildings, streets, drains, sewers, or parks. Maintenance and repair of public buildings,
<br />streets, drains, sewers, or parks shall not be considered as public works construction.
<br />(b) Every contract for public works construction in excess of that amount set from time to time by ordinance of the
<br />City Council pursuant to (c) below, shall be made by the City Council with the lowest and best bidder after
<br />publication for at least two (2) days in a newspaper of general circulation in the City of notice calling for bids
<br />and fixing a period during which such bids will be received, which shall be for not less than ten (10) days after
<br />the first publication of said notice, except where alternate contracting procedures are utilized pursuant to (c),
<br />below.
<br />(c) The City Council shall adopt by ordinance rules and procedures for competitive bidding for all public works
<br />contracts, which rules and procedures shall establish limits for public works contracts approved by the City
<br />Manager. Such rules and procedures shall establish criteria for thresholds for formal and informal bidding,
<br />and notice requirements therefor; standards for rejection of bids and dispensing with bidding; criteria and
<br />procedures for prequalifying bidders and contractors; and utilization of alternate project delivery systems such
<br />as design-build contracts. For purposes of this Article, "design-build" means a range of methods of procuring
<br />design and construction from a single source, where the selection of the single source occurs before the
<br />development of complete plans and specifications. Notwithstanding the foregoing, any rule permitting
<br />dispensing of bidding and/or performing work with City forces for any reason including an emergency shall
<br />require the affirmative votes of at least two-thirds (2/3) of the members of the City Council.
<br />(Ord. No. NS-2715, 7-3-06, approved at election 11-7-06)
<br />EXHIBIT 1
<br />75B-7
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